APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CASE NO. 1RC10-1-11477)

Nakamura, C.J., Fujise and Reifurth, JJ.

ORDER APPROVING THE AUGUST 06, 2 013 STIPULATION TO DISMISS APPEAL AND CROSS-APPEAL

Upon consideration of the Stipulation to Dismiss Appeal and Cross-Appeal, filed August 6, 2013, by Plaintiff/Appellant/ Cross-Appellee Yurai Padilla-Tomishima, and the record, it appears that (1) the stipulation is dated and signed by counsel for all parties on appeal; (2) the parties seek to dismiss the appeal; pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 42(b); (3) the parties agree to bear their own costs and fees on appeal; and (4) because the appeal has not been docketed, dismissal is authorized by HRAP Rule 42(a). Therefore,

IT IS HEREBY ORDERED that the stipulation to dismiss the appeal and cross-appeal is approved and the appeal is dismissed, pursuant to HRAP Rule 42(a). The parties shall bear their own appellate costs and fees.

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